AAI Asked to Submit Views in House Judiciary Investigation into Market Power in Digital Technology Markets

The American Antitrust Institute (AAI) has submitted a response to a submission request on the adequacy of existing antitrust laws, competition policies, and current enforcement levels from the Chairman and Ranking Member of the House Judiciary Committee’s Subcommittee on Antitrust, Commercial and Administrative Law.  The inquiry is part of the Judiciary Committee’s bipartisan investigation into the state of competition in the digital market place.

AAI’s submission addresses the adequacy of current monopolization and merger law, as well as the adequacy of the current institutional structure of antitrust enforcement.  AAI makes legal, economic, and policy arguments that both monopolization and merger law have been badly under-enforced for decades and offers a series of specific recommendations to strengthen and clarify each.  AAI also argues that restructuring existing antitrust institutions is not the right cure for the current disease, which requires stronger enforcement coupled with appropriate social and economic regulation to restore and maintain the competitiveness of U.S. markets.  Restructuring institutions does not accomplish this goal and risks further retrenchment of the antitrust mission at a time when market competition in the United States is badly in need of a boost.